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WEEKS RESTAURANT CORP. v. CITY OF DOVER

No. 79-013.

119 N.H. 541 (1979)

WEEKS RESTAURANT CORPORATION v. CITY OF DOVER SAMBO'S RESTAURANTS, INC. AND SAMBO'S OF NEW HAMPSHIRE, INC.

Supreme Court of New Hampshire.

July 11, 1979.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea, of Dover (Donald R. Bryant orally), for the plaintiff.

Scott E. Woodman, of Portsmouth, by brief, for the city of Dover.

Gallagher, Callahan & Gartrell, P.A., of Concord (Donald E. Gartrell orally), for Sambo's Restaurant, Inc., and Sambo's of New Hampshire, Inc.

BROCK, J.

The plaintiff, Weeks Restaurant Corporation (Weeks), excepted to a superior court decree dismissing its appeal from a decision of the City of Dover Planning Board granting site plan approval for construction of a restaurant by Sambo's Restaurants, Inc., and Sambo's of New Hampshire, Inc. (Sambo's). The trial court's dismissal was based on a finding that the plaintiff was not an abutter of the Sambo's site and was therefore not a person aggrieved who would...

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